Citation Nr: 1317953	
Decision Date: 06/03/13    Archive Date: 06/11/13

DOCKET NO.  11-10 288	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in St. Paul, Minnesota


THE ISSUES

1.  Entitlement to service connection for mild sensory polyneuropathy, to include as a qualifying chronic disability under 38 C.F.R. § 3.317.

2.  Entitlement to service connection for dyspnea (claimed as a respiratory disorder), to include as a qualifying chronic disability under 38 C.F.R. § 3.317.


REPRESENTATION

Appellant represented by:	Minnesota Department of Veterans Affairs


ATTORNEY FOR THE BOARD

D. Orfanoudis, Counsel
INTRODUCTION

The Veteran had active service from August 1986 to May 1991, to include a tour of duty in Southwest Asia from November 1990 to April 1991.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2010 decision of the Department of Veterans Affairs (VA), Regional Office (RO), in St. Paul, Minnesota, that, in pertinent part, denied the above claims.  

In his April 2011 Appeal To Board Of Veterans' Appeals (VA Form 9), the Veteran requested to appear at a hearing before a Veterans Law Judge at the local regional office.  In March 2013, he was notified that the requested hearing was scheduled for May 21, 2013.  However, as will be discussed below, in correspondence received in April 2013, the Veteran withdrew his claims on appeal.  As such, his request to testify before the Board is considered withdrawn.


FINDING OF FACT

On April 29, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C.A. § 7105 (West 2002).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, in April 2013, the Veteran, through his authorized representative, submitted correspondence indicating his desire to withdraw the issues on appeal.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.


ORDER

The appeal is dismissed.




		
J.A. MARKEY
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs